Coronel v. Havard

Summary

The court recommends dismissing without prejudice a state inmate’s first amended civil rights complaint alleging excessive force and due process violations. Dismissal is recommended because the complaint shows on its face that the plaintiff had not exhausted available administrative remedies before filing suit.

Holdings

1. When a prisoner's failure to exhaust available administrative remedies is clear from the face of the complaint and attached materials, the action may be dismissed at screening rather than deferred to a motion for summary judgment.
2. A prisoner must complete exhaustion before filing suit and may not cure the failure to exhaust by exhausting administrative remedies while the action is pending.

Questions Presented

1. Whether the first amended complaint should be dismissed at screening because the face of the complaint establishes that plaintiff failed to exhaust available administrative remedies before filing suit.
2. Whether a prisoner may exhaust administrative remedies while a civil rights action is pending.

Disposition

other